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The division of a land plot may not always be associated with a conflict between two or more persons. Sometimes it becomes necessary for the sole owner of a land plot to divide his allotment. For example, for the allocation of a new plot and subsequent sale or development or other grounds for dividing a land plot into two independent plots.
If, when dividing a plot between several owners, everything is decided by agreement on the division of the land, then in the case of sole ownership of the land, the owner will need to document his own decision on the division of the land.
When can the owner decide to divide?
According to the provisions of Art. 43 of the Land Code of the Russian Federation, the owner of a land plot has the full right to carry out any operations of his choice with such property provided for by current legislation, including making a division into several parts. The reasons for deciding to take such actions may vary.
Among them:
- sale to third parties;
- donation;
- rent of one of the newly formed plots.
In addition, today one of the main reasons for the division of land is the implementation of business activities on the newly formed land plot.
For example, such an allotment can be used for another purpose and open a retail outlet on it or carry out specialized activities such as car maintenance.
So, if the divisible land plot belongs to one of the members of a married couple on the basis of individual ownership. And, as a result, it is not subject to division in the event of divorce proceedings; the owner can decide to divide it into several new plots, and then transfer one of them to the second spouse.
In case of refusal to take into account the interests of the spouse, the decision on division can be challenged by the wife in court.
✅ Land plot: divided or not divided?
The Land Code of the Russian Federation defines a land plot as a part of the earth's surface with established boundaries. The boundaries of land plots are established by specialized bodies in accordance with land legislation. The plots are described, individualized, given a special cadastral number, and entered into the unified Land Cadastre.
Land plots are divided into...
- divisible - those whose dimensions correspond to the minimum standard for a site for a specific purpose within a specific region of the Russian Federation;
- indivisible - those that do not comply with the above standards, which means they cannot be registered in the cadastral register.
A plot can only be divided if it is divisible. According to Article 1182 of the Civil Code of the Russian Federation, when dividing a divisible plot, new plots must be formed that meet the standards for a plot of a certain purpose.
As mentioned above, the standards differ depending on the region of the Russian Federation. For example, residents of the Moscow region are provided with ownership of plots of the following minimum sizes:
- for peasant and farm enterprises - 2 hectares;
- for garden and summer cottage plots - 0.06 hectares;
- for a vegetable garden – 0.04 hectares.
If the spouses have a divisible land plot in joint ownership that complies with the above standards, there should be no difficulties in dividing it.
In addition, there are other conditions for the division of land:
- The land plot must be divisible.
- Secondary land plots must be no less than the minimum size established by self-government bodies in a certain region of the Russian Federation.
- Secondary land plots must retain the designated purpose category.
- There should be no prohibitions or restrictions imposed on land by law. For example, according to the Federal Law “On Farming” it is prohibited to divide land intended for farming. Land that is seized cannot be divided.
- Secondary land plots must have free access, otherwise division is also impossible.
If the joint land is indivisible (or does not meet the other listed division conditions), it cannot be divided - the Land Registry Authority will refuse to register the newly formed plots.
In this case, the spouses may come to the following:
- leave the land to one spouse, and pay the second spouse a monetary compensation equal to half the value of the land;
- sell the land and divide the proceeds;
- leave the land in joint ownership and determine the procedure for use.
